613 Baltimore Drive, Suite 300, Wilkes-Barre, PA 18702 | verdantas.com 1

July 9, 2026

PROJECT MANUAL

Municipality of Kingston

Zerby Ave LSA Grant Paving Project

Municipality of Kingston, Luzerne County, Pennsylvania

Prepared for:

The Municipality of Kingston

500 Wyoming Avenue

Kingston, PA 18704

TABLE OF CONTENTS

BIDDING REQUIREMENTS, FORMS, AND NUMBER OF PAGES

CONDITIONS OF THE CONTRACT

SECTION 00 11 16 - INVITATION TO BID 1

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS 11

SECTION 00 41 13.1 - BID FORM 6

SECTION 00 43 13.1 - BID BOND 2

SECTION 00 45 13 - QUALIFICATION STATEMENT 11

SECTION 00 45 19 - NON-COLLUSION AFFIDAVIT 3

SECTION 00 45 26 - AFFIDAVIT ACCEPTING PROVISIONS OF THE WORKMENS COMPENSATION ACT 1

SECTION 00 45 33 - CERTIFICATION OF NON-SEGREGATED FACILITIES 1

SECTION 00 45 36 - CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY 4

SECTION 00 45 46.1 - NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE 2

SECTION 00 45 46.2 - EMPLOYMENT ELIGIBILITY VERIFICATION COMPLIANCE FORM 1

SECTION 00 45 46.3 - PUBLIC WORKS EMPLOYMENT VERIFICATION FORM 1

SECTION 00 52 13.1 - AGREEMENT BETWEEN OWNER AND CONTRACTOR (STIPULATED PRICE): 8

SECTION 00 61 13.13.1 - PERFORMANCE BOND 4

SECTION 00 61 13.16.1 - PAYMENT BOND 4

SECTION 00 62 76 - CONTRACTOR’S APPLICATION FOR PAYMENT 6

SECTION 00 72 00 - STANDARD GENERAL CONDITIONS 79

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS (INCLUDING WAGE RATES) 28

SECTION 01 00 00 - GENERAL REQUIREMENTS 9

SECTION 01 20 00 – MEASUREMENT AND PAYMENT 9

TECHNICAL SPECIFICATIONS

SECTION 01 50 00 - TEMPORARY FACILITIES AND CONTROLS 2

SECTION 01 57 13 - TEMPORARY EROSION AND SEDIMENT CONTROL 5

SECTION 31 23 16 - EXCAVATION 2

SECTION 31 23 23 - FILL 5

SECTION 32 11 23 - AGGREGATE BASE COURSES 4

SECTION 32 12 16 - ASPHALT PAVING 6

SECTION 32 13 13 – CONCRETE PAVING 6

SECTION 32 17 23.13 - PAINTED PAVEMENT MARKINGS 5

INVITATION FOR BIDS 00 11 16-1

INVITATION TO BID

The Municipality of Kingston will receive Bids for Zerby Ave LSA Grant Paving Project, which is generally comprised of the full width milling of bituminous concrete roadways, placement of a bituminous concrete wearing course, and all incidental work related thereto. Sealed bids shall be submitted online via the PennBid Program until 12:00 pm (local time) on the July 24th, 2026. Bids will be opened through PennBid at the offices of Verdantas Engineering located at 613 Baltimore

Drive, Suite 300, Wilkes-Barre, PA 18702-7903 and will be considered at the meeting of the

Municipality of Kingston Council to be held on August 3rd, 2026, at 7:00 p.m. (local time) in the meeting room of the municipal building, located at 500 Wyoming Avenue, Kingston PA 18704.

All bidding documents are available at no cost at https://pennbid.bonfirehub.com.

All construction Work is included in one (1) Prime Contract. Bids shall be on a lump sum and unit price basis. Each Bid, when submitted, must be accompanied by a (A) "Bid Security" in an amount equal to 10% of Bidder’s maximum Bid price to be furnished in accordance with the Instructions to

Bidders; and (B) all forms, statements, affidavits and certifications, as more particularly listed in

Article 7 of each Bid Form.

A Pre-Bid Conference has not been scheduled at this time. If this changes, it will be coordinated through an Addendum that will be posted via the PennBid Program.

The Labor Standards, Wage Determination Decision, and Anti-Kickback regulations (29 CFR, Part 3) issued by the Secretary of Labor are included in the contract documents of this project and govern all work under the contract. The contractor must comply with the minimum rates for wages for laborers and mechanics as determined by the Secretary of Labor in accordance with the provisions of the Davis-Bacon and Related Acts.

Bidder(s) attention is called to the fact that not less than the minimum wages and salaries in accordance with provisions of Pennsylvania Prevailing Wage Act 442 and contained in the Contract

Documents, must be paid throughout the duration of this project.

The Municipality of Kingston does not discriminate on the basis of race, color, national origin, sex, religion, age, disability, or familial status in employment or the provision of services.

The Municipality of Kingston is an Equal Employment/Affirmative Action Employer.

The successful Bidder will be required to furnish and pay for a satisfactory Performance Bond, and a

Labor and Material Payment Bond, each in an amount at least equal to the Contract Price.

The Municipality of Kingston reserves the right to reject any or all Bids and to waive informalities in the Bidding.

Bids may be held by Owner for a period of not to exceed sixty days (60) from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of Bidders, prior to awarding of a Contract.

For the Municipality of Kingston

Sondra Riviello, Administrator

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety

Program; Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

Article 22— Contracts to Be Assigned

Article 23— Partnering

Article 24— Wages And Salaries

Article 25— Equal Employment Opportunity

INSTRUCTIONS TO BIDDERS 00 21 13 - 1

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General

Conditions and Supplementary Conditions. Additional terms used in these Instructions to

Bidders have the meanings indicated below:

A. Issuing Office—The office from which the Bidding Documents are to be issued, and which registers plan holders.

B. The term “Owner” – (as defined in the General Conditions, Paragraph 1.01.A.) shall also mean and is identified as Municipality of Kingston, which is located at 500 Wyoming Ave, Kingston, Luzerne County, Pennsylvania.

C. The term “Engineer” (as defined in the General Conditions, Paragraph 1.01.A) shall be specific in that the functions and duties shall be performed by and under the direction and supervision of one or more of the registered Engineers or Surveyors of staff of

Verdantas who may be designated to perform, direct or supervise the performance of such functions and duties. Written notices and communications to the Engineer should be addressed to:

Verdantas

613 Baltimore Drive, Suite 300

Wilkes-Barre, PA 18702-7903

(570)821-1999

D. “PennBid”, “PennBID” or “PENNBID” – The electronic procurement program being utilized by the Owner for this Bid solicitation.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract

Documents (together, the Bidding Documents). See the Agreement for a list of the Contract

Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or

Invitation to Bid. Owner recommends that Bidder register as a plan holder with the Issuing

Office at such website, and obtain a complete set of the Bidding Documents from such website.

Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents

Website are complete, unless an omission is blatant. Registered plan holders will receive

Addenda issued by the Engineer on behalf of the Owner.

2.04 Plan rooms (including construction information subscription services, and electronic and virtual plan rooms) may make them available for examination. Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from a plan room are encouraged

INSTRUCTIONS TO BIDDERS 00 21 13 - 2

to register as plan holders from the Bidding Documents Website or Issuing Office. Owner is not responsible for omissions in Bidding Documents or other documents obtained from plan rooms, or for a Bidder’s failure to obtain Addenda from a plan room.

2.05 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding

Documents are available, such documents will be made available to the Bidders as

Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version 1.4 (Acrobat 5.x) or later. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic

Documents nor the Contractor’s means of reproduction of such documents, the

Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in

Paragraph 2.05.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding

Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder’s reliance upon such derived information.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within three (3) days of Owner’s request, Bidder must submit the following information:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the

Effective Date of the Contract.

C. Bidder’s state or other contractor license number, if applicable.

D. Subcontractor and Supplier qualification information.

E. Other required information regarding qualifications.

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

INSTRUCTIONS TO BIDDERS 00 21 13 - 3

ARTICLE 4—PRE-BID CONFERENCE

4.01 A Pre-Bid Conference has not been scheduled at this time. If this changes, it will be coordinated through an Addendum that will be posted via the PennBid Program.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain

Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental

Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any

Bidder on request. These reports and drawings are not part of the Contract

Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 Other Site-related Documents

A. No other Site-related documents are available.

INSTRUCTIONS TO BIDDERS 00 21 13 - 4

5.04 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of

Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

D. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.06 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the

Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

INSTRUCTIONS TO BIDDERS 00 21 13 - 5

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the

Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to

Engineer in writing via the selected Electronic Document & Bid Management and Procurement

Service using the appropriate “Question” tab.

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda, posted within the selected Electronic Document & Bid

Management and Procurement Service in the “Documents” section, and emailed to all parties recorded as having registered and receiving the Bidding Documents. Questions received less than seventy-two (72) hours prior to the date for opening of Bids may not be answered.

7.04 Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract

Documents unless set forth in an Addendum that expressly modifies or supplements the

Contract Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten (10) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond may be issued in the form included in the Bidding

Documents.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required

Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within fifteen (15) days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that

Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of

Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven (7) days after the Effective Date of the Contract or sixty-one (61) days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven (7) days after the Bid opening.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial

Completion, or completion of the Work in readiness for final payment, are set forth in the

Agreement.

INSTRUCTIONS TO BIDDERS 00 21 13 - 6

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and

Contract award process of possible substitute or “or-equal” items. In cases in which the

Contract allows the Contractor to request that Engineer authorize the use of a substitute or

“or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of

“or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a

Bid.

11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for certain portions of the Work within five (5) days after Bid opening.

11.03 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual or entity, Owner may, before the

Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, without an increase in Bid price.

11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the

Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and

Suppliers. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which

Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents and can be accessed by selecting the

“BID FORM – PRICING” tab on the electronic Bid Form.

A. All blanks on the electronic Bid Form must be completed. All unit Price fields must be filled out. To no-Bid a line item, insert a zero (0). PennBid will automatically complete the line extensions and Bid totals. Additional instructions can be found in the Contract Documents in Section 00 22 13 – PennBid Instructions to Bidders and Vendors.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then

Bidder may enter the words “No Bid” or “Not Applicable.”

INSTRUCTIONS TO BIDDERS 00 21 13 - 7

12.02 The Bidder/Vendor that registers with the PennBid Electronic Procurement Program on behalf of their company and selects their password protected login ID acknowledges they are the individual, or have done so under the direct supervision of the individual, having the authority to submit a Bid for a corporation, partnership, limited liability company, individual, or joint venture on behalf of their company.

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner

(whose title must appear under the signature), accompanied by evidence of authority to sign.

The official address of the partnership must be shown.

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venture in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the signatures.

12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.

12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the

Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the

Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 13—BASIS OF BID

13.01 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the

Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

INSTRUCTIONS TO BIDDERS 00 21 13 - 8

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

13.02 Base Bid with Alternates

A. Bidders must submit a Bid for the base Bid and include a separate price for each alternate

(if any) described in the Bidding Documents and as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

B. In the comparison of Bids, alternates (if any) will be applied in the same order of priority as listed in the Bid Form.

13.03 Allowances

A. For cash allowances the Bid price must include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with

Paragraph 13.02.B of the General Conditions.

ARTICLE 14—SUBMITTAL OF BID

14.01 Each prospective Bidder will submit an online Bid

14.02 A Bid shall be submitted no later than the date and time prescribed and at the online PennBid electronic procurement Program. Bids submitted by mail or other delivery system will not be accepted.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 A Bid may be modified or withdrawn at any time up to the date and time prescribed in the advertisement or Invitation to Bid by clicking PennBid’s “Withdraw Bid” button

15.02 If within twenty-four (24) hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of

Owner that there was a material and substantial mistake in the preparation of its Bid, the

Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the

INSTRUCTIONS TO BIDDERS 00 21 13 - 9

base Bids and major alternates, if any, will be made available to Bidders after the opening of

Bids.

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but

Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the

Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then

Owner will reject the Bid as nonresponsive.

18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these

Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

C. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the

Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 19—BONDS AND INSURANCE

19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to Performance and Payment Bonds, other required bonds (if

INSTRUCTIONS TO BIDDERS 00 21 13 - 10

any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing Bid

Bonds as part of the bidding process.

ARTICLE 20—SIGNING OF AGREEMENT

20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within fifteen (15) days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contract Documents to Owner. Within ten (10) days thereafter, Owner will deliver one (1) fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 21—SALES AND USE TAXES

21.01 Refer to Paragraph-7.10 of the General Conditions.

ARTICLE 22—CONTRACTS TO BE ASSIGNED

22.01 NONE.

ARTICLE 23—Partnering

23.01 Not Used.

ARTICLE 24—Wages And Salaries

24.01 Attention of Bidders is particularly called to the requirement concerning the payment of not less than the prevailing wage and salary rates specified in the CONTRACT DOCUMENTS and the conditions of employment with respect to certain categories and classifications of employees.

24.02 The rates of pay set forth hereunder are the minimum to be paid during the life of the

CONTRACT. It is therefore the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates.

ARTICLE 25—Equal Employment Opportunity

Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, sex, color, national origin, or religion, age, disability, or familial status. Each BIDDER must submit a completed Certification of Bidders Regarding Equal Employment Opportunity.

EJCDC® C-200, Instructions to Bidders

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID FORM 00 41 13 - 1

BID FORM

The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to

Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to: The Municipality of Kingston, 500 Wyoming Avenue., Kingston, PA

18704.

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an

Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids;

E. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids;

F. Required Bidder Qualification Statement with supporting data;

G. Affidavit Accepting Provisions Of The Workmen’s Compensation Act;

H. Nondiscrimination/Sexual Harassment Clause;

I. Employment Eligibility Verification Compliance Form;

J. Public Works Employment Verification Form;

K. Non-Collusion Affidavit;

L. Certification of Bidder Regarding Equal Opportunity;

M. Certification of Non-Segregated Facilities

ARTICLE 3—BASIS OF BID—UNIT PRICES

3.01 Unit Price Bids

A. Bidder will perform the following Work at the indicated unit and lump sum prices:

BID FORM 00 41 13 - 2

ZERBEY AVENUE BASE BID

UNIT PRICE SCHEDULE

Item

No.

Description

Estimated

Quantity

Bid Unit

Price Bid Price

LUMP SUM - Mobilization and

Demobilization, Complete 1 $ . $ .

LUMP SUM - Maintenance and Protection of

Traffic, Complete 1 $ . $ .

3 SQUARE YARDS – Full Width Milling of Exist.

Bit. Conc. Pavement Structure, 3½” Depth, Complete

3,525 $ . $ .

4 EACH – Replacement of Existing Manhole

Castings, Existing Casting to be Retained by

Kingston Borough, Complete

17 $ . $ .

5 EACH – Replacement of Existing Inlet Grate with Bicycle Safe Grate, Existing Grates to be

Retained by Kingston Borough, Complete in

Place

17 $ . $ .

6 SQUARE YARDS - Bit. Conc. Base Course

Replacement, Where Directed, Complete in

Place

350 $ . $ .

7 Tons - Bit. Conc. Fine-Graded

Scratch/Leveling Course, Complete In Place 225 $ . $ .

8 SQUARE YARDS - Bit. Conc. Superpave

Asphalt Mixture Design, WMA Binder Course

Structural Overlay, PG 64-22, 0.0 to 0.3

Million ESAL’s, 19.0 mm Mix, Minimum 2”

Compacted Depth, SRL-L, Complete in Place

3,525 $ . $ .

9 SQUARE YARDS - Full Width Bit. Conc.

Surface Overlay, Superpave Asphalt Mixture

Design, WMA Wearing Course, PG 64-22,

0.3 to 3.0 million ESAL’s, 9.5 mm Mix, 1½”

Compacted Depth, SRL-L, Complete in Place

3,525 $ . $ .

10 EACH - White Hot Thermoplastic Crosswalk

Pavement Markings, Complete In Place 5 $ . $ .

11 CUBIC YARDS – Over-Excavation, When

Authorized and Where Directed, Complete in

Place

10 $ . $ .

TOTAL OF ZERBEY AVENUE BASE BID PRICES

BID FORM 00 41 13 - 3

ZERBEY AVENUE DEDUCT ALTERNATE NO. 1

UNIT PRICE SCHEDULE

Item

No.

Description

Estimated

Quantity

Bid Unit

Price Bid Price

DA.1

DEDUCT: EACH – Replacement of

Manhole Castings, Existing Casting to be

Retained by Kingston Borough, Complete

17 $ . $ .

DA.2

DEDUCT: EACH – Replacement of Existing

Inlet Grate with Bicycle Safe Grate, Existing Grates to be Retained by

Kingston Borough, Complete in Place

17 $ . $ .

NET TOTAL OF DEDUCT ALTERNATE NO. 1 BID PRICES _____

ZERBY AVENUE ADD ALTERNATE NO. 1

UNIT PRICE SCHEDULE

AA. 1

ADD: SQUARE YARD – Remove and

Replace Concrete Sidewalk, Where

Directed, Complete in Place

AA.2

ADD: LINEAR FEET – Remove and

Replace Plain Cement Concrete Curb, including sawcutting and asphalt base restoration, Where Directed, Complete in

Place

Bidder acknowledges that:

1. Each Bid Unit Price includes an amount considered by Bidder to be adequate to cover

Contractor’s overhead and profit for each separately identified item, and

2. Estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

This hard copy Bid Form is for informational purposes only. All Bids shall be submitted electronically via the PennBid website. Refer to Section 00 22 13 – PennBid Instructions TO Bidders and Vendors.

BID FORM 00 41 13 - 4

ARTICLE 4—TIME OF COMPLETION

4.01 Bidder agrees that the Work will be Substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

4.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT

OF ADDENDA

5.01 Bid Acceptance Period

A. This Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

5.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including

Addenda.

2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions, if any, at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Bidder has carefully studied the reports and drawings relating to Hazardous

Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the

Technical Data identified in the Supplementary Conditions or by definition, with respect

BID FORM 00 41 13 - 5

to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as

Contractor; and (c) Bidder’s (Contractor’s) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the

Contract Times, and in accordance with the other terms and conditions of the Contract.

8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

6.02 Bidder’s Certifications

A. The Bidder certifies the following:

1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.

2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.

3. Bidder has not solicited or induced any individual or entity to refrain from bidding.

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 6.02.A:

a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process.

b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition.

c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels.

d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

BID FORM 00 41 13 - 6

BIDDER hereby submits this Bid as set forth above:

Bidder:

(typed or printed name of organization)

By:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.

Attest:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

Address for giving notices:

Bidder’s Contact:

Name:

(typed or printed)

Title:

(typed or printed)

Phone:

Email:

Address:

Bidder’s Contractor License No.: (if applicable)

EJCDC® C-410, Bid Form

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, BID BOND (PENAL SUM FORM) 00 43 13.1 - 1

BID BOND (PENAL SUM FORM)

Bidder Surety

Name: [Full Formal Name of Bidder] Name: [Full Formal Name of Surety]

Address (principal place of business): Address (principal place of business):

[Address of Contractor’s principal place of business]

[Address of Surety’s principal place of business]

Owner Bid

Name: The Municipality of Kingston Project (name and location):

Address (principal place of business): Municipality of Kingston

Zerby Ave LSA Grant Paving Project 500 Wyoming Avenue

Kingston, PA 18704

Bid Due Date: July 24, 2026

Bond

Penal Sum: [Amount]

Date of Bond: [Date]

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

Bidder Surety

(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed)

(Printed or typed)

Title: Title:

Attest: Attest:

(Signature)

(Signature)

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

BID BOND (PENAL SUM FORM) 00 43 13.1 - 2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of

Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding

Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation will be null and void if:

3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents

(or any extension thereof agreed to in writing by Owner) the executed Agreement required by the

Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents

(or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of

Award including extensions does not in the aggregate exceed 120 days from the Bid due date without

Surety’s written consent.

6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of…